State v. Sherwood

BRICE, Justice.

The defendant was tried on an information charging murder in the first degree; was convicted of manslaughter and sentenced to serve a term of years in the state penitentiary; from which judgment this appeal is taken.

But one question need be considered, and that is whether the case should be reversed because of the giving to the jury of No. 19 of the court’s instructions, which purported to instruct on the law, covering defendant’s plea of self-defense, which was to the effect that while acting in his necessary self-defense in repelling a felonious assault upon him by a number…